These guys KNOW their stuff!

John Mavrakis

John draws on his deep executive
expertise with brand titans Hallmark, American Greetings, Discovery
Channel, The Body Shop, Intl., Kathy Davis Studios, Mary Engelbreit
Studios, and The Gap/Banana Republic to strategize and execute the
mission of ideaologie.

Melissa Schulz

Melissa’s vast experience as a Creative
Leader, associated with leading brands such as Hallmark, Hard Rock,
American Greetings, and Kathy Davis to name a few. With 20 years of
experience in the art licensing and product development fields, Melissa
has strategically led creative teams through transitional, successful
and growth periods. Charged with entrepreneurial spirit, she has spent
years helping artists and companies strategize their business growth
path. Most recently, Melissa has devoted much time building the Kathy
Davis brand online through social media marketing, as well as great
success in traditional marketing channels. Through the process of
building her own jewelry line, she has proven her “hands on”
capabilities in all aspects ofthe business.
Finally, she is an optimist, a relationship builder and a brand
ambassador – all things that have helped season her for her latest
challenge to strategize and execute the mission of ideaologie.

let me know if you sign up and keep me posted on how the class goes for you.

Friday, February 26, 2016

Tell us a bit about yourself
After drawing 10 pictures of Odie and Garfield and selling them for a shiny quarter a piece to my fellow 4th grade classmates, I knew right then and there, that art was the life for me!
I came from an creative family, with both my Father and paternal Grandmother who were artisans in their own rights, and had always had access to pretty much every medium and tool a budding artist could hope for. With the encouragement of my family, friends, and school teachers along the way, I continued drawing and painting until my late teens. By young adulthood I was raising babies and working full-time and part-time jobs outside the home to make ends meet and art was pushed aside. In 2006, I came back to art as a way to make a little extra "pocket money" but gained a following in such a short amount of time that I knew I needed to give it my full attention and in 2008, with my kiddos grown (but while caring for my sweet little niece) I dove into art as a career, learning all I could along the way. I've never had formal training outside the grade school and high school classroom, but I consider myself a life-long learner and have been blessed with many mentors along the way.Do you work in just one medium?
My main mediums are watercolor and colored pencil.

What inspires you / where do you get inspiration from?
I love anything bright, whimsical, and filled with fun! Sweet animal designs and holiday images are among my favorites to create. My main inspiration is just to pack as much fun as I can into a piece and make others smile when they see my work.

What are you working on now?
As I work full-time now as a licensed artist, I generally have several projects going at one time, all in different themes and seasons! Currently I am working holiday fabric designs, religious jigsaw puzzles, and seasonal and inspirational garden flags. I never know where my day will take me, lol! Here are a few of my past projects that are still available:
"Think Positive" fabric collection created for Elizabeth's Studio, LLC: click here and a pencil-by-number kit created for Dimensions Brands: http://www.simplicity.com/owl-trio-pencil-by-number_73-91473/73-91473.html

Any great advice for our readers?
If I could give one piece of advice to other artists, it would be to stay true to YOUR style and YOUR creative thoughts. Don't try to be a better Mary Engelbreit, Sara Butcher, etc...be the very best YOU and embrace the artist that YOU were created to be. This will help your work to shine and attract others to it. There is someone out there looking ESPECIALLY for only what you can offer. Stand out, be an original, and embrace your uniqueness.Anything else you would like to share with us?
I just want to say that I feel so blessed to be able to create as a career. I so appreciate the time this allows me to spend with my family and to help meet our needs at the same time. I want to say THANK YOU to my wonderful hubby who is my biggest supporter and #1 fan, and a thank you to God for granting me the abilities to provide for my loved ones in such a fun and fulfilling way!Are you an early riser? or night owl?
Early riser... with an 8 week old puppy and a growing farm, I don't have much of a choice, lol, but I love this life and am always excited to start a brand new day...with much coffee, of course ;)

What is your favorite food?
Oh, that is tricky... I love pizza, adore greasy cheeseburgers, but lately have been hooked on Apple Pie LÄRABARs...go figure.

Sunday, February 21, 2016

MJ Bogatin (“Bo”) of Bogatin, Corman & Gold, is an Arts and
Entertainment Attorney in San Francisco. He is also Co-President of
California Lawyers for the Arts. www.calawyersforthearts.org Bo is available to answer some of your questions surrounding the business of Art Licensing. - THANKS BO!

After I’d turned in my bLAWg to Annie in December, I received another client holiday gift that raised legal issues that she had not considered that is topical. The set of cards I received contains illustrations of a number of celebrities. Clearly, she had not obtained their permission to feature their likenesses on gift cards. As long as the cards were being circulated to friends and families as examples of the Artist’s fine skills, there is no legal risk. However, if the Artist were to sell a single set of these cards, she would be subject to some very expensive legal claims.

The legal interest that underlies this claim is the Right of Publicity. While it is celebrity images that are most commonly used by illustrators or photographers on cards or on products from digital picture frames to place mats and t-shirts, everyone has an individual Right of Publicity. In short, it is a personal right to either allow their name and image to be used for commercial purposes – or not. With respect to celebrities, this right is directly associated with endorsements. One cannot turn on the television or flip through a magazine without seeing the image of some celebrity touting the benefits of some product. They get paid big money for these kinds of endorsements. Whether their image appears on a towel or product packaging, the celebrity has a reasonable right to object unless they have expressly granted this personal right – and so would you or I; although, our damage claim would no doubt be significantly less than that of a celebrity!

(However, writing that reminded me of the Taster’s Choice claim. In 1986, a one-time model, Russell Christoff, posed for a Nestle photo shoot pursuant to an agreement that paid him for a couple hundred dollars for shoot but promised him $2,000 if his image was actually used to market Nestle’s Canadian division products. By 2002, Christoff had become a school teacher. That year, while shopping in a Rite-Aid store in the US, Christoff saw his image on the label of jars of Taster’s Choice Coffee jars. Christoff had never been paid the $2,000. Instead of suing for his contract damages, he made a Right of Publicity claim under California law. With the help of some good lawyering, a jury returned a verdict in favor of Christoff for $15.3 million dollars(!) based on 5% of Nestle’s profits for the six years that Nestle had been using Christoff’s image on the Taster’s Choice label.)

While the Right of Publicity is a matter governed by State law -- which varies from State to State -- because cards and products are typically sold all across the country, a person whose right of Publicity has been violated can ‘forum shop’ and potentially bring an action against anyone who has profited by the use of their image without their permission. This means the shop that sells the offending card and the distributor who provided it to the retailer are also liable, albeit they would have a right of indemnification against the Artist who provided them the cards with an express or implied warranty that they had the right to use the image on the card or product.

Under this statute, a person (or company) who knowingly uses the image of a person without their permission is liable to the injured party for his actual damages (like provable endorsement fees otherwise due a celebrity), “and any profits from the unauthorized use that are attributable to the use…” or a minimum of $750. In addition, the defendant may be subject to a punitive damages, (often based on their total value or assets(!). And one of the best parts of the statute is that the prevailing party in such an action is entitled to recover their attorney's fees and costs – like in a post registration Copyright infringement action as noted in my June 2015 bLAWg – which means I take these cases on a Contingent Fee basis. Given the risks of a losing case, the defendant will almost always settle rather than risk fees and costs on top of the claimant Plaintiff’s damages.

And don’t think that just because a celebrity is dead that you are safe to use their image. To the contrary, many States protect the Right of Publicity of the dead! California Civil Code Section 3344.1 (same link as 3344 above), provides the same rights and remedies to deceased “personalities” as 3344 provides to the living. All the Estate or heirs of the personality has to do is register the name of the deceased at the California Secretary of State Office. If you want to find out if a given personality is registered you can find out at this linked website: http://www.sos.ca.gov/business/sf/sf_siisearch.htm

However, just because you do not find listed at the California Secretary of State the name of the dead celebrity whose image you want to use on a card, does not mean that you can. Since the right is State to State, there are other States that protect this right for a term of years without any Registry, and others who may well have case law instead of statutes that provide similar rights. So, what’s my advice? Don’t use any illustrations or photos of people on any product for sale unless you have obtained a license that warranty that the underlying rights to the image have been obtained for the intended purpose.

Disclaimer: The information contained in this website is not intended as legal advice. Because the law is not static, and one situation may differ from the next, we cannot assume responsibility for any actions taken based on information contained herein. Also, be aware that the law may vary from state. Therefore, this website cannot replace the advice of an experienced attorney. Receipt of this information does not create an attorney-client relationship. MJ Bogatin, Bogatin, Corman & Gold, www.bcgattorneys.com

Friday, February 19, 2016

I was asked recently what my creative process is and I drew a big fat blank! I had never thought about it. - please share your tips/process in the comment section below :-)

In a nutshell I think small - I know right?! We are suppose to think big! - I dream big, but as my Dad so wisely told me when I was WAY ahead of myself over a decade ago, is to take one step at a time. I/you can be so much more effective breaking things down into small manageable steps - Thanks so much Dad. I remind myself of this a lot :-)

I like it best when I wiggle into the creative side of work. (Really, I think it all has creative aspects :-) below are a few of the steps I take each day.

Exercise

I am not sure some of you would consider this part of a creative process, but for me, I need it.
I exercise pretty much every week day. If first thing in the morning, it wakes me up! OR, sometimes I will work out around the lunch hour to get me off the computer and out of my office. For me it clears out the cob webs. I will check emails on my phone while at the gym and trash a bunch that do not need my attention.

To do list

I keep a calendar of meetings, deadlines etc. and have a running to do list. Some think this isn't creative, but it saves me. I like to knock off my top 3 or so 'must do first' items each day (usually for graphic design clients) plus work on the social media for the day. Social media ranges from just an image post to the sites I am on, to writing/setting up blog posts. If time allows, I do pop in and comment/respond to people on social media through out the day.

Plate is clear

For some reason I have to clear off stuff before I can settle in and work on my current art collection. I prefer it to be quite - no people coming in my office. But I do listen to all kinds of talk radio & music. The music choices really vary: Fleetwood Mac 60's - 70's, Adel, and Baroque Classical music to name a few. Typically I am painting, setting up mocks, designing patterns and that kind of stuff in the afternoon, Break for dinner, and then usually back to it until about 10:00 pm. -- do it again tomorrow :-)

A Few Last Thoughts

Not every day is the same - but this is the schedule for most days of the month. I do have a standing date each week to have lunch with favorite son of mine and dinner with favorite daughter :-) We do family dinner night every Friday.

Don't feel you should be this scheduled. I personally like it and don't need to wait until "inspiration" hits me to paint etc. I schedule it and show up to do it. As ideas pop into my head through out the day, I jot them down in a notebook.

My office studio is typically cluttered. I used to fight it and pick up more often until I realized I am very visual. Out of site is literally out of mind! - These photos are from 2013 when I did a blog post on my studio/office - not much has changed other than some equipment updates - and the Christmas tree has been put away. Most of the art on the walls my adult kids did when they were in school.

Do we have similar approaches? Completely different? Can't wait to hear about you :-D

Wednesday, February 17, 2016

Howdy Everyone!
Just wanted to pop in to let you know Marketing 101 for Artists starts tomorrow! These guys know their stuff!

Also for this class only they are including an Individualized Website and Social Media Critique.

This is an affiliate link below to sign up - I will make a few dollars if you sign up by clicking this link which I REALLY appreciate you supporting this blog and all the awesome experts that have taken the time to share what they know with us - thanks!

John Mavrakis

John draws on his deep executive
expertise with brand titans Hallmark, American Greetings, Discovery
Channel, The Body Shop, Intl., Kathy Davis Studios, Mary Engelbreit
Studios, and The Gap/Banana Republic to strategize and execute the
mission of ideaologie.

Melissa Schulz

Melissa’s vast experience as a Creative
Leader, associated with leading brands such as Hallmark, Hard Rock,
American Greetings, and Kathy Davis to name a few. With 20 years of
experience in the art licensing and product development fields, Melissa
has strategically led creative teams through transitional, successful
and growth periods. Charged with entrepreneurial spirit, she has spent
years helping artists and companies strategize their business growth
path. Most recently, Melissa has devoted much time building the Kathy
Davis brand online through social media marketing, as well as great
success in traditional marketing channels. Through the process of
building her own jewelry line, she has proven her “hands on”
capabilities in all aspects ofthe business.
Finally, she is an optimist, a relationship builder and a brand
ambassador – all things that have helped season her for her latest
challenge to strategize and execute the mission of ideaologie.

let me know if you sign up and keep me posted on how the class goes for you.

Friday, February 12, 2016

How long have you been in business and how did you come to be an agent?
Just one year, we opened in January 2015. But before that I had been an agent, working for another company. Before that I was a graphic designer for many years. So either one year, or my whole career, depending how you look at it.

Do you have help/employees?
Yes, we have a data entry person, a writer and a bookkeeper... all are essential to the business. I may add an assistant soon because most days I’m as busy as can be.

Do you prefer royalty deals? Flat fee?
We are happy working any way the client wants to work! If it’s a royalty deal, I like to get an advance upfront for my artists. We also take commissions when a buyer is looking for something special.

How do you market artists? Who pays for this? Anything different for new artists?
JNA does lots of social media, cold calls, newsletters, trade shows. In today’s world you have to be everywhere. I share the costs of promotion with my artists. We’re all in this together.

What do you look for in an artist?
I look for three things….1) Talent: A body of marketable work. It does not have to be loads of work, just enough to show me the right subject matter in a range of styles.

2) Professionalism: Will she be on time for deadlines? Can she handle constructive criticism? Is her social media up to date and does it reflect her as an artist?

3) Kindheartedness: I need to have loads of trust in the people I represent. I work hard for my artists and I want to work with kindhearted people who I know will be good to both me and to our clients.

Do you feel an artist needs an online presence?
Yes! It’s 100% essential.

How much art do you expect an artist to create in a year?
A good minimum is one new piece each week. Preferably three to four per week once an artist is in the zone.

Anything else to add?
Yes! I’m doing a workshop in March with a company called Modern Thrive. It’s called "How To Get An Agent (And Do I Need One)". You can get more information here: http://modernthrive.com/workshops/workshop-28/

Friday, February 5, 2016

Tell us a bit about yourself: Did you go to school for art? Are you self taught?
No art school for me! I’ve just always loved to create. I grew up watching my dad – who was a college Astronomy professor – drawing cartoons and aspired to be as good as him. I remember coveting his art board on his desk and sitting in his home office with him drawing. Now that he has Alzheimer’s, he can no longer draw and has no idea who we all are, it’s a fond memory I can hold onto.

I actually have a degree in Marketing from Penn State and went into sales after college. That business education and experience, combined with a love of creating, turned out to be a great combination when I discovered the world of art licensing in 2004. Art licensing is, after all, the marriage of art and business with the end goal of selling products.

Do you work in just one medium? Several?
When I started I primarily worked in watercolor combined with pen & ink. As the years have passed, my computer skills have improved and I now do quite a bit of designing in Photoshop and Illustrator, depending on both what I am inspired to do and what my clients are looking for.

What inspires you / where do you get inspiration from?
The creative challenge of designing new collections that will work for products keeps me going. Again – playing with the link between art & business. I love working with manufacturers or coming up with an idea on my own and then figuring out who to pitch it to.

I am also inspired to do what I do so I can have the lifestyle I want. I was basically a single mom for 8+ years and wanted to be at home with my son – licensing my art has allowed me to work from home and have a lot of flexibility with my time. There is definitely a trade off between having a more traditional job and being self-employed. I provide my own benefits and never really “punch the clock” and leave the job. But for me, the trade offs are worth it and I enjoy the challenges that come with it.

Now that my son is about to graduate from college, I don’t need to work from home to be with him but I don’t think I could ever go back to a traditional job. The time and location flexibility (when and where I work) is important to me and I like the freedom to follow my interests and passions and see where they can take me.

For example, last summer I sold my Art Licensing Info business that I had built from an idea to a leading source of education for artists about how this business works. It was a 7 year passion but with some personal things that have been going on – my passion and focus in my writing and teaching was itching to shift.

What are you working on now?
Selling ArtLicensingInfo.com was a really hard decision but one I felt I had to do at the core of my being. For the past few years we have been dealing with my dad’s decline into dementia and Alzheimer’s. It is devastating to a family and incredibly stressful and hard to figure out what to do and to figure out how to stay happy while going through it. There is so much information out there but much of it felt disjointed as well as conflicting.

I started a new website, PivotToHappy.com, at first with the intention of sharing the many skills I’ve learned to pivot my perspective to lead a happier life. I wanted to help other people do that too – everyone has some sort of adversity. Now it has pivoted to focus primarily on supporting people with a loved one with dementia or Alzheimer’s. I’ve written a book, blog and have a free webinar to help. I’m sharing the roadmap I created for my family through a program so that people are making decisions outside of the emotion of a crisis, planning ahead and decreasing their stress levels so they can enjoy the time they do have.

I think my “sweet spot” is helping those who’s parent or loved one has had a recent diagnosis – that’s when things come to a head and you truly don’t know which way to turn, what to do or who to trust. I’ve been through this and we are now dealing with everything the severe stage of dementia brings. My goal is to help people feel some control in the chaos and more peace than I had in my journey.

If any of your readers or anyone they know are facing this – please tell them about my site – PivotToHappy.com

I released a coloring book last year – Color Yourself Happy – that is available through Amazon and is doing well. In addition to pretty pictures it has some “seek and find” elements in it – the word HAPPY is in every design and there are three arrows to find too – to remind you that no matter what is happening, you can always PIVOT your perspective to find a happier way of looking at things.

Of course I’m always working on new art for licensing too! This will be the first year in 12 that I won’t have a booth at SURTEX because my son will be graduating from college the same weekend and I wanted to give all my energy to that once-in-a-lifetime event! So my work will be to stay on the radar and let everyone know that I’m not gone, just gone for this year. ☺

Any great advice for our readers? Enjoy the process and don’t take anything for granted. I have learned so many lesson through the journey with my dad’s Alzheimer’s but the biggest one is that no one is guaranteed the time to do what we want to do. If you are inspired to try something – figure it out and go for it!

Also make sure you make time to take care of yourself, have fun and make wonderful memories with the people you love. When you work for yourself it is often easy to get on the hamster wheel of work and assume you can “take that vacation, have that adventure, etc” later… but you never know.

BALANCE and the pursuit of happiness – that is the key to living well.

Anything else you would like to share with us?
There is a saying I love, “Life is what happens while you are making other plans”. I’m a big planner and will admit to having some “control issues”. I like to know how things will turn out if I take certain actions but if life has taught me anything it’s that your plans don’t always lead you where you think you are heading.

My life has been full of pivots – many that were painful and hard to recover from - divorce, my dad’s diagnosis, business disappointments, crazy dating experiences… But looking back I know that they all lead to where I am today and taught me to trust my intuition even when everyone else thought I was crazy to follow the path I chose.

Some thought I was crazy to try and start a business when I was getting divorced – and an ART business at that! Many thought I was crazy to spend any time trying to build an online business teaching about the art business I created… then when it was a success and I decided to sell it? You can imagine how crazy people thought that was! And those are just a few of the art related examples…

Be willing to go for it and know that it’s ok if it doesn’t work out. Some things will, others won’t – just always look for the next adventure!

Are you an early riser? or night owl?
Early riser. To be honest, it is rare that my head isn’t on a pillow by 11 pm unless I’m swept up in a project and the creativity is flowing. Even then, 12:30 or 1 pm is pretty much my limit.

What is your favorite food?
Chocolate. Although it’s catching up with me so I’m trying to find a vegetable that can take its place as my favorite. In honor of this post going live on February 5th, I’ll give a shout-out to Nutella – LOVE IT! (Did you know today is National Nutella Day?) A warm crepe filled with Nutella – now that is a dream come true!

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About Me

Art for Stuff - Art makes me tick. I am an artist, illustrator and graphic designer.
As long as I can remember, I have been drawing and making things. Took EVERY type of art class I could and went to Iowa State University and studied art & graphic design.
​​LOVE mashed potatoes and gravy. Chocolate is a very close second. I have enjoyed sports all my life, right now the sport of choice is golf. Love a good cause. Red VW bug driver.

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